Social Legal Studios最新文献

{"title":"Digital Transformation: Background, Trends, Risks, and Threats","authors":"I. Revak, Roman Gren","doi":"10.32518/2617-4162-2022-5-2-61-67","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-2-61-67","url":null,"abstract":"The modern world economy is characterised by the use of digital technologies as one of the factors of economic growth. Digital transformation creates new opportunities for development, but at the same time there are risks and threats to conventional economies. Therefore, the study of digital transformation is becoming particularly relevant. The purpose of this study was to reveal the essence of the term “digital transformation”, highlight its advantages and disadvantages, and analyse the process of digitalisation of the economy of Ukraine. During theoretical exploration, the following methods of scientific cognition were used: analysis, synthesis, observation, generalisation, classification. Theoretical assumptions were tested using analytical materials. Based on the analysis, conclusions were drawn, and practical recommendations were developed. In theoretical research, the differences between the terms “digitalisation” and “digitisation” were investigated. The main prerequisites for the spread of digital technologies are highlighted: the development of the physical infrastructure of internet access in the world, the growth of the number of internet users; the development of e-commerce; the development of the country’s IT industry; the improvement of the national e-government system. It was established that the main obstacles to the digital transformation of Ukrainian society are factors formed in the political, economic, technological, and psychological spheres. The dynamics of indices used to assess the spread of digital technologies is analysed: the e-Participation Index and the e-Governance Development Index. It was established that recently there has been a positive trend in them. The main advantages of implementing digital technologies were systematised. At the state level, the positive impact is manifested in improving the quality of life of the population; the level of productivity of public labour; reducing the share of hard work; preserving health and extending human life expectancy; simplifying access to information. The positive impact of digital technologies on the business environment is manifested in reducing the cost of selling products, searching and processing information, making transactions, launching and promoting goods to the market, the duration of the business cycle; inventing innovative technologies and switching to the production of innovative products. The advantages for individuals are to reduce the cost of internet services and transactions, simplify access to educational, entertainment and information resources. The main risks and threats created by the digital transformation of society are described: technological, economic, political, social, legal, and personal. The practical significance of the results obtained lies in the possibility of identifying and neutralising risks and threats of digitalisation.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123079751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Religion – a Significant Factor in Law-Making and Law Enforcement Processes","authors":"M. Kelman, Rostyslav Kelman","doi":"10.32518/2617-4162-2022-5-2-77-85","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-2-77-85","url":null,"abstract":"The relevance of this study is conditioned upon the fact that scientific papers have almost no attempts to theoretically develop the correlation between religion and law. Legal scholars ignore the forms of influence of religion on law-making and law enforcement activities. Available research in this area is often fragmentary. The purpose of this study was to prove the relationship between religion and law based on modern legal understanding of the main principles, to clarify the role of religion in the legal sphere. The philosophical and methodological framework of this study involved the principle of pluralism in the choice of methodological approaches, methods, and techniques because they form the foundation of the scientific and cognitive process, ensure unity and purposefulness in the study of common features of religion and law in the law-making and law enforcement procedure, such as ritualism, tradition, authority, and universality. It is argued that in modern society, religious values, albeit losing their former meaning of the”sacred image” of the world, and even if Christian principles do not have a direct impact on the legal system, still play a considerable role in legal life because European legal culture was created under the influence of Christianity, a Christian view of the world. Modern European legal systems operate in a social system that has absorbed Christian religious values. This study is aimed at further development of the general theory of law, expanding the knowledge about the correlation between religion and law in the system of social regulation, improvement of legislation. The results obtained can be used in the field of law-making and law enforcement, for the preparation of textbooks, manuals, for lawyers, philosophers, sociologists, and all those who are not indifferent to the development of legal awareness.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128931081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Aspects of Regulating the Legal Liability of Public Servants: Problematic Issues","authors":"Liudmyla Progoniuk","doi":"10.32518/2617-4162-2022-5-2-9-15","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-2-9-15","url":null,"abstract":"This study investigates topical problematic issues of legislative regulation of the responsibility of public service employees because such responsibility is multifaceted if compared with the responsibility of an ordinary employee, as far as it is related to the range of powers assigned to a person to exercise administrative, legal, and managerial influence on public relations in the state. It is the image of the public service of Ukraine that is based on whether its representatives perform their official duties, and in case of non-performance or improper performance, state coercion is applied to the public servant according to the procedure established by law. The regulated procedure of applying a particular type of legal liability makes up not only the conviction of a public servant, but also an incentive for other persons to properly perform their official duties and prevent illegal actions. The purpose of this study was to identify and solve problematic aspects of the responsibility of public service employees. To fulfil this purpose, scientific positions on understanding the concept of legal responsibility in two aspects, as positive and retrospective responsibility, are considered, and the definition of legal responsibility of a public servant is given. It was established that if a public servant violates the provisions of the current legislation of Ukraine, the following types of legal liability will be applied: administrative, criminal, civil, material, and disciplinary. Using system-structural and system-functional methods, a systematised analysis of the regulatory framework of each of these types of legal liability was performed; methods of comparison and grouping distinguished the material and civil liability of public servants in Ukraine and identified groups of relevant principles of public servant responsibility in administrative law and in compliance with labour discipline according to current regulations. Ways to solve urgent and problematic legal aspects of the legal responsibility of public service employees were proposed.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132709806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Research of the Main Methods for Assessing the Competitiveness of Enterprises","authors":"I. Korchynskyi, Maksym Shchadylo","doi":"10.32518/2617-4162-2022-5-2-54-60","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-2-54-60","url":null,"abstract":"Any socio-economic system cannot develop in an environment without competition. Competition drives progress, but to function and develop optimally, an enterprise must have an elevated level of competitiveness. Thus, the chosen topic is relevant. The purpose of this study was to analyse the main methods for assessing the level of competitiveness of an enterprise. The main advantages and disadvantages of the main methods of assessing the level of competitiveness of an enterprise were highlighted. Examples of using SWOT and PEST analysis were presented. It was found that the level of competitiveness of the enterprise should be understood as such a state in which the quality of competitive advantages on the market allows demonstrating a high, medium, or low level of competition. It was also noted that the state of security substantially affects the competitiveness of the enterprise and without effective security mechanisms, high indicators will be problematic to achieve. It was found that competitiveness should be considered as such a level of functional and structural organisation of the enterprise, at which one can discuss the ability to ensure production and sale of products and services at a level sufficient to meet demand and ensure high positions in the market relative to competing producers. The results obtained can be used in the activities of Ukrainian enterprises.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128565394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Administrative Coercion in the Field of Taxes and Fees","authors":"S. Yesimov","doi":"10.32518/2617-4162-2022-5-35-40","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-35-40","url":null,"abstract":"The article is devoted to the study of the essence and content of administrative coercion in the field of taxes and fees. The subject of the study is the regulations of the current legislation and the legislation of the European Union governing public relations arising from the implementation of administrative coercion in the field of taxes and fees on individuals and legal entities conditioned upon violations of tax legislation of Ukraine. practice. The research was performed in accordance with the methodology of complex systematic analysis of legal phenomena using special methods of legal science: formal-legal, historical-legal and comparative-legal. In effective legal regulation, which ensures the balance of public and private interests in the field of taxes and fees, administrative coercion should be ancillary in nature and used in cases where the legal regulation exhausts other methods of regulatory influence used in the fiscal function of taxation. The regulatory function of administrative coercion in the legal regulation in the field of taxes and fees and its relationship with the fiscal function of taxation, considering the complexity of their implementation. Ways to ensure the effectiveness of administrative coercion in the mechanism of legal regulation of taxation are considered. A comprehensive system of measures of administrative coercion for violations of tax legislation to ensure their balanced application, in particular based on identifying problems of implementation in law enforcement administrative and judicial practice. New approaches to the concept of administrative process of implementation of measures of administrative coercion for violation of tax legislation, and certain types of administrative process are substantiated. A model of complex reform of the system of administrative coercion in the mechanism of legal regulation of taxation with unification of approaches to reform in the system of administrative and legal regulation is proposed.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115596471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Right to Social Protection of Persons with Disabilities According to International Standards","authors":"Nataliia Aliabieva, Lenur Kerymov","doi":"10.32518/2617-4162-2022-5-63-69","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-63-69","url":null,"abstract":"The relevance of the subject under study is determined by the socio-economic state of the country and the long-term armed conflict in the Donbas, in particular, as a result of which thousands of people were injured and disabled. Insufficient funding for the healthcare system, lack of rehabilitation programmes for persons with disabilities, lack of housing and appropriate equipment for the movement and full functioning of the life of persons with disabilities in Ukraine lead to the fact that such people are discriminated against in society. Therefore, the purpose of this paper is to investigate the right to social protection of persons with disabilities in the context of compliance with international standards. Based on the monitoring study, available rehabilitation programmes, theoretical material, legislative analysis, and reports of international organisations, the authors came to relevant conclusions and made recommendations for the authorities, namely relevant ministries. The study discovered that the attitude towards people with disabilities is being transformed in the world, and their rights to a full-fledged, high-quality, non-discriminatory life in society are being consolidated. The need to reform national legislation and bring it in line with international standards was confirmed. It is proved that the main standards relate to the accessibility and adequacy of the right to social protection. The main elements of accessibility and adequacy of the right to social protection are highlighted. Key international regulations in the field of protection of the rights of persons with disabilities are analysed. The study investigated the term “discrimination for persons with disabilities”. It was established that the integration of persons with disabilities is possible if the problems with focusing attention on the category of persons with disabilities due to war are thoroughly studied. The practical value of this paper is to provide recommendations for relevant ministries, considering the monitoring study conducted by the authors in 2019-2020, which will contribute to improving the right to social protection as such.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"os-32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127775808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Administrative and Legal Protection of Public Morality","authors":"V. Bulachek","doi":"10.32518/2617-4162-2022-5-41-45","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-41-45","url":null,"abstract":"In the article on the basis of complex system analysis with the use of formal-legal, comparative-legal and factorial methods, the administrative-legal protection of public morality is considered. The peculiarity of the methodology of this study is explained by the multifaceted nature of the category of “public morality” and the existing need to study it, considering the approaches and developments of other legal sciences. Insufficient efficiency of public authorities in protecting public morals can lead to a decrease in the level of spiritual well-being of society. The aim of the article is to analyse the administrative and legal regulation in the field of protection of public morality. It is pointed out that public morality is a historically determined state of social relations that have formed as a result of conscious human activity. Public morality is correlated with public order and public safety as part and whole, where public morality is a component. Legislation on determining the purpose and functions of administrative and legal norms aimed at protecting public morals is considered. In the process of research the structural-functional analysis of the mechanism of interaction of law and morality is carried out, its elements as interacting parts of the system (legal norms, morality) are identified, functional connections and relations between them are established and theoretically substantiated. Subjective and objective factors that determine the measures of administrative and legal protection are considered. It is proposed to single out public morality as an independent object of administrative and legal protection. Protection of public morality is considered as an activity aimed at ensuring the conditions of moral well-being of society and the individual. The concept of the mechanism of administrative and legal protection of public morality and its content is formulated. Administrative and legal protection of public morality ensures the neutralisation of threats in the field of research.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133497761","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Empirical Research of Features of Emotional Competence of University Teachers in the Conditions of Distance Learning","authors":"N. Kalka, O. Fedyshyn, Galyna Horyn","doi":"10.32518/2617-4162-2022-5-57-62","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-57-62","url":null,"abstract":"The article describes the place and importance of emotional competence of a teacher in professional activities in the conditions of distance learning. In particular, attention is drawn to the importance of emotional competence as a professional quality of the individual during training sessions in distance learning. The aim of the research is to determine with the help of theoretical and empirical research the features of emotional competence of scientific and pedagogical workers during distance learning. The main components of emotional competence are described: reflection, self-regulation, empathy and expressiveness. An empirical study of the features and level of their manifestation in teachers during training sessions in the process of distance learning. To conduct an empirical study, we used the method of diagnosing emotionality by V.M. Rusalov, methods of assessing emotional intelligence by N. Hall, “Characteristics of emotionality” test by E. Ilyin, “Emotional expression” questionnaire by L. Bogina. According to the results of the methods, insignificant dominance of communicative emotionality in teachers was determined, which indicates vulnerability in the situation of failures, feelings of constant anxiety in the process of social interaction, some uncertainty and irritability in the communication process. Notably, the assessment of the appropriate level of development of emotional awareness, ie the ability of teachers to understand their own emotions and the emotions of others. Regarding the expression of various indicators of emotions, teachers have the highest level of manifestation is characterised by the characteristic “intensity of emotions”. Regarding emotional expression, the highest rate belongs to expressiveness, which is not differentiated by channels and indicators of language imagery, which is a sign of completeness and expressiveness of language communication and an important component of educational success through the development of emotional component and its above characteristics.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132269700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Conceptual and Categorical Apparatus of the Concepts of “Right” and “Law” and Their Relationship","authors":"N. Melnyk","doi":"10.32518/2617-4162-2022-5-15-21","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-15-21","url":null,"abstract":"In today’s context, the definitions of “right” and “law” are becoming increasingly important, because right is a normatively enshrined justice, and the law is the compiler of social relations. The aim of the article is to clarify the content and essence of the definitions of “right” and “law”, to determine their relationship and difference and to reflect on this basis their own vision in jurisprudence. The theoretical and methodological basis of the study is the historical and legal method, structural and functional method, comparative method. The content and essence of the definitions of “right” and “law” are considered. The essence and understanding of such legal phenomena as natural law that arose outside society and positive law created by the state are clarified. The current views of Ukrainian researchers on the characteristics of common and distinctive features of positive and natural law, which differ in certain norms of behavior created by people to determine what is allowed and what is not legally allowed and are expressed in the form of laws. Considering the common features, it is determined that natural law fills the gaps in positive law, because human behaviour is determined not by man himself, but by the law that dominates him with a combination of justice and legality. The main ways of development and existence of positive law are identified, among which are customary law, law of judges, law of the legislator. The main features of positive law, which include mandatory regulations; the expression of norms in laws and other sources determined by the state; formal certainty; state security. The norms and principles of natural law, which are absolute in nature, confirm the truth that man can not live in a world where everything is relative and rely only on contractual bases, which are formulated by the people themselves. It is proposed to conduct research on the relationship and distinction between the concepts of “right” and “law” used in the process of scientific knowledge of a particular problem with which the researcher substantiates his research phenomenon","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131506239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of the 102 Service Department in the System of Operative Response of Police Bodies and Divisions","authors":"Solomiia Vasyuk","doi":"10.32518/2617-4162-2022-5-46-50","DOIUrl":"https://doi.org/10.32518/2617-4162-2022-5-46-50","url":null,"abstract":"The relevance of the chosen topic is to determine the role and content of the structural unit “102” in the rapid response system, and the algorithm of their actions in providing the necessary assistance to people who called the special telephone line of the National Police of Ukraine. The purpose of the study is to determine the main function of the service department “102” as one of the structural units of organisational and analytical support and operational response of the National Police of Ukraine. The following methods for collecting and processing information were widely used in the research process: specific sociological (documentary, survey, observation) and some private scientific methods (system-structural, comparative-legal, historical-legal). The role of the service department “102” of organisational and analytical support and operational response of the National Police of Ukraine in the system of operational response of police bodies and units to statements and reports of criminal, administrative offenses or events. It is argued that the main function of the service department “102” units of organisational and analytical support and operational response of the National Police is to receive, process and register applications and notifications of offenses and events throughout the service area. It has also been proven that the necessary legislative initiative is to locate a person who has applied for real help on line 102. In addition, it was established that to properly perform the powers of officials of the service department “102” it is necessary to introduce the position of a psychologist to provide psychological assistance to victims. At the same time, it is argued that the service department “102” is a basic element in the operational response system of the National Police of Ukraine.","PeriodicalId":344341,"journal":{"name":"Social Legal Studios","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133449505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}